Embezzlement is the use of fraud or concealment to obtain money, goods, or services. This will typically involve concealing money through accounting practices or concealing funds through third parties. Embezzlement is a potentially serious charge and a person should contact a Richmond embezzlement attorney immediately upon being advised they are under any sort of investigation for embezzlement.
The general difference between embezzlement and theft is that embezzlement involves fraud and concealment, while theft only involves the simple taking of item.
Embezzlement charges often arise within an employee-employer relationship when an employee finds a way to take either money or goods. Typically, the concealment will be through some scheme of returning items or even hiding the items in the store. In these cases the sums involved in the embezzlement may not be all that great. Contrary to the impression that is often given, embezzlement is not limited to huge business and banks, it can happen at a small local level, too.
Embezzlement charges can also relate to accounting information where somebody is handling funds for another party.
If convicted of embezzlement, there is an immediate possibility of receiving a jail sentence. The length of incarceration will depend on the severity and nature of the crime. Embezzlement could entail up to 12 months in jail if it is a misdemeanor, or even longer if it is a felony. In addition, if the embezzlement is considered a crime of moral turpitude. There is a particular negative connotation associated with crimes of moral turpitude, and an individual can lose their job or lose future prospects of employment if they are convicted.
The most common misconception regarding embezzlement is that they are only high-money cases involving accounting for big business. Typically, embezzlement cases actually involve people working at small stores or a supermarket where an employee has access to money and they use either fraud or concealment to obtain it.
Having an attorney that has experience working in Richmond on embezzlement cases is important, because they have will have experience interacting with the investigators as well as the prosecutors that handle these cases. Having a Richmond embezzlement attorney that is familiar with the local court system and its members can provide a distinct advantage over working with someone who is unfamiliar with the area and the court system.
In addition, it is important to have an attorney that is experienced in dealing with the judges that handle these particular cases, that knows how to communicate with them, and knows what their standards are. In an embezzlement case, information about the monies taken, how the money or the services were taken, and what access the person had to the funds, is needed. This information is used to determine the best course of action, whether it is to negotiate a plea deal in a case or to attempt to argue the case. Someone who has never handled an embezzlement defense before may not know what nuances to look for in a defense.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.